When the defendant does not pay the above fine, 100,000 won.

The defendant is an employer as the representative of the CFFA who employs three full-time workers in Changwon-si MFFB and operates mushroom farming business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is serving as production workers from March 19, 2012 to March 12, 2016 at the above workplace.

A retired worker D did not pay the total of KRW 1,484,880 on February 2, 2016, and the total of KRW 1,482,400 on March 2, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is serving as production workers from March 19, 2012 to March 12, 2016 at the above workplace.

The retired worker D did not pay the remaining retirement allowance of 2,004,950 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by a special judicial police officer against D;

1. A copy of standard labor contract, and a copy of working hours;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (a point where payment of retirement allowances is not made);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.